Opinion
The Oracle: Ethics and Discipline in Law: Akin to Waiting for Godot (Pt. 7)
Published
3 months agoon
By
Eric
By Mike Ozekhome
INTRODUCTION
The dictionary definitions of Ethics and discipline show clearly that they are two sides of the same coin. They are complementary and you cannot meaningfully talk of one without referring to the other, albeit unintentionally. They overlap. You cannot be ethical without being disciplined and being disciplined implies adhering to a set of ethical values or beliefs. On this note, we shall continue our discourse on this issue, having started with forms of discipline last week.
FORMS OF INDISCIPLINE (continues)
Judicial Indiscipline: This means any form of pervasion of the administration of justice and equity in society. For example “justice delayed is justice denied”, failure to apply the rule of law and what it stipulates in society and on every citizen.
Moral Indiscipline/Immorality: All forms of moral depravity on the part of the individual or society are indiscipline. Despite socio-cultural differences among societies and nations, every society aspires to maintain effective ethical and moral standards, values and judgment. Examples of immorality are exploitation of man by man, the powerless poor by the powerful rich, acquisition of women or their property by force, display of affluence in the midst of social poverty.
CAUSES OF INDISCIPLINE:
These forms of indiscipline can also be grouped to roughly correspond with the causes or factors of indiscipline. However, there are some factors which cut across all types, or are shared by two or more types. These are as follows:-
POLITICAL CAUSES
- Use of wealth to “buy” political power or to occupy formal or informal position of political influence.
- The conversion of political position to position of acquisition of economic resources, in order to replenish spent wealth.
- Great difficulties in setting up and financing political parties.
- Electoral malpractices and rigging. This includes the use of unregistered and under registered and underage voters, multiple voting. Disenfranchisement of individuals and entire communities by under supply of electoral materials or absence of polling booths. Inflating number of votes and stuffing ballot boxes with casted ballot papers.
ECONOMIC CAUSES:
The central factor here is the conditions of great iniquities in the distribution of wealth.
- The existence of a materialistic and corrupt mode of production and economy.
- Unemployment and underemployment.
- Corruption of leaders, which lead to unequal allocation of resources and misappropriation
BUREAUCRATIC CAUSES:
The basic causative factor, here is that, bureaucrat and public office holders generally see their position as a primary means of gaining access to wealth. Thus, such officers device various means of achieving their goals as for example, in Robert Merton’s theory of social structure and anomie. Specific causes include:
- Job insecurity as found in retrenchments, lay-offs, dismissal, etc.
- Poor or lack of retirement benefits. The experience of pensioners in Nigeria is very sad indeed.
- Corruption of leadership.
- Inflation and general high cost of living.
- Greed and selfishness of the individual persons.
JUDICIAL CAUSES:
Judicial Indiscipline mainly results from conflicts between changing moral codes in society. This is more peculiar with under developed societies that consist of the traditional and the modern ways of life; existing side by side. Specific causes include:
- Time lag existing between new regulations and their enforcement.
- Loopholes that are discovered in our existing laws and rules, which leave room for manometer.
More so, the condonment of conspiration at, collusion and/or connivance with certain unscrupulous elements by certain untamed judicial officers at the grounds of a handful of unethical, un-disciplined and irresponsible action and/or inactions is a serious bane to the attainment of an ideal society particularly in Nigeria and generally in Africa.
The Nigerian Bar and Bench, in the last few years, have been the object scathing criticisms, bordering on poor ethics and corruption.
The sitting President of the Federal Republic of Nigeria once said that “if Nigeria fails to kill corruption, corruption will kill Nigeria.” Corruption is a mountain that we must be brave enough to surmount, if Nigeria is to be a great nation. Only the brave ever becomes great.
Let us hear the opinion of some leaders of thought on the subject-matter of corruption in Nigeria. Our Courts have not failed to make epochal pronouncements, in total condemnation of this cankerworm called corruption.
For instance, Hon. Justice Uwaifo, JSC (as he then was) in the case of ATTORNEY-GENERAL OF ONDO STATE V ATTORNEY-GENERAL OF THE FEDERATION said pointedly that:
“In foreign countries, Nigerians are recognized and regarded as corrupt people; unlike other nationals, no bank will allow Nigerians to open a bank account as of right. The Nigerian green passport, is synonymous with corruption…National Newspapers are filled with stories of loots with money stashed in foreign banks. The stolen resources lost by Nigeria through endemic corruption and abuse of office, have had inimical effect on the economy of the country…The crisis which endemic corruption has triggered off in Nigeria certainly poses exceptional peril to the economic, social and political stability, the national interest and integrity of Nigerian Nation…”.
These were the immortal words of the learned Justices of the Supreme Court of Nigeria when they were dealing with the interpretation and the nationwide application of the Corrupt Practices and Other Related Offences ACT No. 4, 2000 which has now been replaced with the Corrupt Practices and Other Related Offences Act 2003. It was in this same case that the Supreme Court of Nigeria also held that:
“In our own situation, taking the issue of corruption and abuse of power nationally, will best serve the interests of all and the general welfare of Nigeria both nationally and internationally, because corrupt practices have become an overwhelming menace for Nigeria. It can therefore, not be left totally to individual States in Nigeria”.
Historically, Judges were seen as Caesar’s wife living above board. According to Chief Wole Olanipekun, SAN, past President of Nigerian Bar Association:
“It was very unusual in the past, in fact, a taboo, to accuse a Judge of corruption. In a research done some years ago in respect of British Judges, it was found out that, whereas, the Judiciary of Britain is several centuries old, only one allegation of corruption was made against a Judge, and same was proven to be frivolous when investigated. Today, we live in the unimaginable situation of the National Judicial Council (NJC) applying the big stick of dismissing some of our Judges, suspending some, and admonishing others for proven cases of corruption”.
The general perception today, most unfortunately, is that the judiciary of Nigeria is corrupt. It is on record that some Judges in this country once stood trial for one form of allegation or the other.
Very recently, in a publication titled: “Senate Leader Accuses Wealthy Nigerians of Buying Court Judgments’”, the Senate leader of the 8th National Assembly had this to say at a plenary session:
“Ours is a society where people who have so much money buy judgments”.
It therefore, suffices to ask, is the judiciary of Nigeria corrupt? Or some of the Judges in the Nigeria Judiciary? Are these statements one and the same thing? I do not think so. While it may not be contested that a few of the Judges are corrupt – and I dare say that, they are very, very few in comparative terms, I wish to submit that very many Judges and Justices of our courts are not only honest and principled, but also are incorruptible.
We must all rise up to refute this perception and stigmatization of the Nation’s Judiciary, as a corrupt Judiciary. Perception can become real – more than reality, and even more dangerous is when perception attempts to change the reality, as we are being made to believe in Nigeria. The truth about the Judiciary of this country is that it continues to live up to its historic and constitutional responsibilities.
We must not be helpless; otherwise we become captives of a situation we did not create. The corrupt ones must be located and be shown the way out; and the men and women of discipline, principle and integrity must be openly commended. I believe in purification rather than condemnation, in order to help ourselves and the nation.
The Profession of Law is a Profession of leadership. It is first among equals. It is a noble profession, and the members of it must be noble men and women of high ethical standards, and high moral and superior value. That is the Profession you are aspiring to. I cannot wait to welcome you.”
NOW THIS
THE LEGAL PROFESSION AND THE SOCIETY
By training and practice, Lawyers, we are given to appreciate the value of Democracy, as well as the virtues of Rule of Law and good governance. A Lawyer must therefore, not be restricted only to managing his affairs and/or solving the problems of his Clients. Otherwise, such a Lawyer will be justifying the age long criticism that Lawyers are guilty of extreme conservatism, with an unabashed preference for capitalism. He may even be accused of being guilty of primitive accumulation of wealth.
According to Kenneth Kaunda, former President of Zambia:
“The Lawyer in a developing society must be something more than a practicing professional man; he must be more even than the champion of the fundamental rights and freedom of the individual. He must be, in the fullest sense, a part of the society in which he lives and he must understand that society, if he is to be able to participate in its development and the advancement of the economy and social well being of its members”. And then the bombshell:
“The Lawyer must go out beyond the narrow limits of the law, because while the law is the instrument through which the society is preserved in its shape and character, it is the reflection of the society”.
Lawyers must never forget the fact that, by virtue of their calling, they are social Engineers. Chief Afe Babalola, SAN, a leading member of the profession and a foremost Senior Advocate of Nigeria, in a paper he delivered at the 2003 Annual Conference of the Nigerian Bar Association, at Enugu said:
“Lawyers, by virtue of their calling, are looked upon by the larger society sometimes for rescue operations, (figuratively speaking) especially when the society is in dire straits. A good example is when a Nation is undergoing dictatorship or civilian despotism”. (To be continued).
FUN TIMES
“If you see me talking to myself… understand because I am self employed and I am having a staff meeting”
THOUGHT FOR THE WEEK
“In just about every area of society, there’s nothing more important than ethics”. (Henry Paulson).
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By Kayode Emola
In less than 48 hours Nigeria will welcome a new President, charged with handling its affairs for the next four years. Yet among the many challenges awaiting the new president, whether Nigeria itself can even survive another four years remains to be seen. There is no doubt that the Tinubu/Shettima presidency will need more than courage to keep Nigeria united for the full duration of their elected term.
Only time will tell whether Tinubu and Shettima will be sworn in come May 29, or whether we will instead have an interim government. However, one thing of which we are certain is that the era of Muhammad Buhari is over, never to be experienced again. Those who have survived living under Buhari’s misrule in Nigeria for the last eight years deserve an award for endurance.
We must not allow the expected swearing-in of a Yoruba man as Nigeria’s president on Monday 29 to make us complacent. Indeed, my Yoruba people, our task has just doubled.
Nigeria’s future is now looking more imperiled than ever before. The Indigenous Peoples of Biafra (IPOB) are already threatening to declare their own independent Biafra nation if Tinubu is sworn in come May 29. And the Biafra campaigners are not the only disgruntled people within the country. The vast majority of our Yoruba people and even the Hausa people are becoming embittered with the trajectory Nigeria has taken since independence. At this point now, the new president must decide if Nigeria will continue as it is, or ask the indigenous people to decide their future.
It is increasingly evident that Nigeria is not a sustainable venture, and that a trading post cannot become a country that can endure the test of time. The people within Nigeria never decided to unite and become a country, so trying to hold them to ransom can never succeed.
I will therefore urge the incoming president to rethink his policies if he has not thought about a peaceful way in which Nigeria’s dissolution can be established. Powering through and hoping that he can hold Nigeria together like his predecessor Buhari did will definitely not stand the test of time.
To my fellow Yoruba people who are singing hallelujah that a Yoruba man is going to be president. I want us to know that just as Buhari is leaving the Presidential seat come Monday 29, Tinubu will also not be president for life. When he leaves what will be the fate of the Yoruba people or the other nationalities that makes up Nigeria.
At this juncture in our history, it would be the time to give the indigenous peoples of Nigerians the opportunity to determine their future in a constitutional conference. Nigeria has gone past its due date and must now be prepared for decommissioning just like several countries such as Yugoslavia, Czechoslovakia, etc has done in the past. If not, a dysfunctional disengagement may lead to utter chaos if not another civil considering the damage the country is currently doing to the lives of millions of frustrated youths. The rate of poverty is not abating with the currency being devalued on a daily basis putting more strain on the people’s finances
The handlers of Nigeria must acknowledge that the unitary system being practiced in Nigeria has utterly failed the people. The people must now be handed a lifeline in order to salvage a future for themselves and their future generations. Anything short of that may mean Nigeria may go the way other African countries such as Somalia and South Sudan etc have divided with years of bitter civil war which has resulted in the loss of millions of innocent lives.
Yoruba people should not shout ‘Uhuru’ yet because one of us is sitting in ‘Aso rock’. If history has thought us anything, whoever becomes president of Nigeria is there for themselves and not necessarily representing their constituents. That Tinubu will be president does not stop the call for an independent Yoruba nation, if anything, the call for an independent Yoruba nation should now become louder and clearer to send a strong signal to the local and international communities that the Yoruba people have finally made up their mind to leave Nigeria.
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By Dolapo Aina
According to Citizen Remote, “A digital nomad visa is a temporary permit that allows visitors to stay in a country while they work remotely. Multiple countries offer these sorts of visas, and most of them have a duration of twelve months, with the possibility to extend your stay. While they may not be for everyone, a digital nomad visa allows many remote workers to travel the world while they work from the comfort of their computers. They also help the countries impulse their economy by having foreigners stay for extended periods.”
Several benefits and fallouts of having digital nomads in a country include but not limited to positive country branding by the digital nomads who are residents in their host country. Digital nomads tend to amplify messages the host country might have been trying to get across to potential travellers. On the African Continent, only a few countries have latched on to Digital Nomads and Digital Nomad visas (and it is noteworthy to state that some African countries might not term it Digital Nomad Visas but have something in that guise.)
Since the COVID-19 pandemic and its attendant fallouts, digital nomads and remote work have increased exponentially globally and in Africa particularly.
According to the Harvard School of Business, with the global shift towards remote work over the past three years, approximately forty-seven countries have developed digital nomad visa programmes. On the African Continent, a few countries offer Digital Nomad Visa. These countries are and in no particular order: Cape Verde, Mauritius, Namibia and Seychelles. Other countries on the African Continent have something within this category but officially, it is designated as Digital Nomad Visa.
On Tuesday, 9th of May 2023, Namibia Investment Promotion and Development Board announced and welcomed Namibia’s first Digital Nomads.
According to a statement signed by Ms. Catherine Shipushu, who is the senior manager: Marketing, Branding and Communications of Namibia Investment Promotion and Development Board, “Namibia officially recorded her first digital nomads just five months after the official launch of the country’s Digital Nomad Visa (DNV) on 11 October 2022. The programme was launched by the Ministry of Home Affairs, Immigration and Security (MHAISS) and the Namibia Investment Promotion and Development Board (NIPDB), with the aim of enhancing economic activity in the country. The first two digital nomad visa applications were approved on Tuesday, 14 February 2023.”
The statement further revealed that the Digital Nomad Visa programme aims to capitalise on the growing global remote workforce by offering location-independent foreign professionals the chance to live, work, and experience Namibia for up to six months. These digital nomads contribute towards the country’s economy by injecting foreign currency in the ecosystem, but without usurping jobs meant for Namibians. Early results are encouraging, with over 121 enquiries about the programme recorded so far. Of this number a total of 20 applications were received, out of which nine were approved, with five rejections. The reasons for rejection were made known to include; applicants who do not meet the income requirements of two thousand dollars per month, and are thus unable to prove that they can effectively sustain themselves while in Namibia. Other applications were rejected because they were submitted while the applicants were already in Namibia on a different legal status such as a Tourist Visa, or they arrived in the country before approval of their application.
According to Ms. Catherine Shipushu; “The launch of the Digital Nomad Visa earned Namibia international praise, from Cape Town to Germany and as far as Australia. Additionally, we have witnessed a surge in queries and applications for the DNV through our website, further demonstrating the growing global interest. This demonstrates Namibia’s potential to harness the digital nomad trend and create new opportunities for local businesses in the tourism and information and communication technologies support sectors. As an effective marketing tool for Namibia, the DNV program has also created visibility through digital nomads documenting and sharing their experiences on social media and other mass media platforms, showcasing the nation’s natural beauty, rich cultural heritage, and hospitality. This increased visibility has the potential to help attract more tourists, investors, and talent, further stimulating the nation’s economic growth and development.”
It is said that, by design, the Digital Nomad Visa complements, rather than competes with, the local workforce, ensuring digital nomads bring their own remote jobs or freelance projects to Namibia. This approach benefits the Namibian economy and its people while creating an environment for local entrepreneurs and professionals to expand their networks, learn from their international counterparts, and explore new avenues for collaboration.
Dolapo Aina reached out to Ms. Catherine Shipushu (senior manager: Marketing, Branding and Communications of Namibia Investment Promotion and Development Board, in the Office of The Presidency) for more clarifications and insights.
On the abovementioned statement that the digital nomads contribute towards the country’s economy by injecting foreign currency in the ecosystem, I asked if this is the only criteria being looked at? What about those nomads who can attract global attention and global traffic into Namibia? How do you factor that into the policy? Ms. Catherine Shipushu stated that, “The Namibia Digital Nomad Visa (DNV) serves a dual purpose in enhancing the country’s economy. Firstly, it allows digital nomads to inject foreign currency into the ecosystem, contributing to economic activities and growth. Additionally, the DNV harnesses the power of digital nomads as ambassadors for Namibia. Through their documentation and sharing of experiences on social media and other platforms, they become valuable marketing assets, attracting global attention and generating publicity for the country. As part of our marketing campaign, we have engaged digital nomads, who are currently in Namibia, to share their unique perspectives and experiences, aiming to inspire and attract more digital nomads to choose Namibia as their preferred “work” destination. By leveraging their presence and influence, we strive to create a ripple effect of positive exposure and interest in Namibia, ultimately benefiting the local economy and fostering collaboration between local and international professionals.”
On the two thousand dollars per month projection, I asked if this was targeted at only Western nomads only or global nomads including African nomads who might not have the same financial muscle as their Western counterparts? And would this amount be reduced anytime soon? Ms. Catherine Shipushu stated that, “The requirement of USD 2,000 per month for the Namibia Digital Nomad Visa is not targeted exclusively at Western nomads. The income requirement serves as a benchmark to ensure that digital nomads, regardless of their nationality, have the financial means to sustain themselves comfortably in Namibia. The aim is to provide a positive experience for digital nomads and contribute to the local economy. The income requirement is based on the cost of living in Namibia and takes into account expenses such as accommodation, transportation, food and other essentials. The Namibian government understands the diverse backgrounds of digital nomads and aims to create an inclusive environment that welcomes global nomads, including those from Africa and other parts of the world, while maintaining a reasonable financial stability requirement. As with any programme, there is a possibility of periodic evaluation and adjustments based on feedback and the evolving circumstances.”
The launch of Namibia’s Digital Nomad Visa programme is a bold and strategic move that positions the country as a prime destination for remote workers from around the world. By embracing this global trend and offering a world-class visa program, Namibia stands to reap substantial economic, social, and cultural benefits.
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Adding Value: Understanding Oneself: Foundation to Success by Henry Ukazu
Published
3 days agoon
May 27, 2023By
Eric
Dear Destiny Friends,
“To know thyself is the beginning of wisdom” – Socrates
Please permit me to begin this article by asking a simple question. Who are you? By this, I mean what you stand for or represent and not what the world thinks of you. It is instructive to note that what the world thinks of you is your reputation, but your character is who you really are.
If an employer wants to know more about a prospective employee, they can ask an open-ended question such as how would you describe yourself in one sentence? What are your strengths and weaknesses? Have you ever experienced a challenge or problem at work? If yes, how did you handle it? All these questions are structured to inquire more about the personality of the employee.
One of the best things anyone can do in life is not only to understand who they are, but also understand what they represent. It will be hard to know what you represent if you don’t understand who you are. If you don’t understand yourself, it will be difficult to understand other people.
According to Forbes, only 15% of the world are self-aware. One begins to wonder, what about the remaining 85%. As a transformational Human Capacity Coach, my company is focused on helping people unleash their potential. To do this, we use our self-discovery and mindset training manual to know more about them by giving them a set of self awareness questions which they are required to answer to the best of their knowledge. It is rather unfortunate that a lot of people don’t know themselves. They just exist as opposed to living.
Self-discovery is truly lacking in our society. When you truly know yourself, you will know your strengths and weaknesses. When you know yourself, you will know your boundaries as regards what to accept from people and where to draw the lines; you will know your personality traits; you will have a clearer understanding of your career path in your professional life; you will know how to interact with people; you will know your core values; you will have a clearer version of your life purpose; and you will be self-motivated. The list is literally endless.
In the journey of life, we engage in a lot of activities we are not supposed to be engaged in. For example, we study courses we are not wired or love to study, and this makes understanding difficult. Some of us apply for jobs we are not passionate about just to pay bills. Some of us even marry partners we don’t really like due to circumstances. Again, the list is endless. All these can lead to frustration and depression if not properly managed. If only we can take a deep breath and ask ourselves some deep thought-provoking questions on what we really want in life, and the reason we are doing what we are doing, the result will be different.
There are many ways to understand oneself. You can understand yourself by staying silent, reflecting about, and observing your life. These acts will help you to practice self-awareness which will ultimately help you to look inward and enable you to understand your feelings, emotions, and your personality. Self knowledge will enable you to know your values, interests, temperament, life mission, and activities to engage in.
As human beings, one thing we should constantly engage in is learning new things about ourselves on a daily basis. Knowing oneself takes time. However, due to desperation, most people don’t practice the art of stillness. When you take time to understand what’s involved in a particular work, it will be easy to solve it in a more efficient and effective manner. There is a story told of a philosopher, who fell into a ditch in front of him because he was too busy to see what was ahead of him.
Again, let’s take the case of Japan with about one hundred and twenty-five million people, which is one of the most industrialized countries on the planet, yet it maintains a level of calm despite the busy nature of the country.
The benefits of knowing oneself is priceless. It will make you confident which will ultimately eliminate self-doubt. It will help you build better and healthy health relationships by attracting the people you need and eliminating people you don’t need. You will be less stressed because you will focus on what’s important as opposed to irrelevant things which will keep your temperament and mindset in good shape.
Self discovery will help you to know your self-worth because no one will price you cheap when you know your value, and you will feel happier.
Furthermore, self knowledge will help you in decision making. When you know yourself, you will be able to make better choices about everything, from minor decisions to major decisions. Your temperament and personality type will be better managed as a leader or rational being.
Self control: When you know yourself, you will better manage yourself. If you can’t manage yourself, it will be hard to manage other people. When you know yourself, you understand what motivates you to resist bad habits and develop good ones. Knowing your strengths is one of the foundations of self confidence.
Resistance to social pressure. Self knowledge helps you to focus on what’s beneficial to you as opposed to other people. According to Bill Cosby, “I don’t know the key to success, but the key to failure is trying to please everyone. When you are grounded in your values and preferences, you are less likely to say “yes” when you want to say “no.”
In conclusion, take time and reflect on this question, who am I? This is one of the most important questions you will answer in your entire life. When you answer this question, you have solved 50% of your life challenges. If you can’t answer this question, and need assistance, you can use the email below to reach out for assistance.
Henry Ukazu writes from New York. He works with the New York City Department of Correction as the Legal Coordinator. He’s a Transformative Human Capacity and Mindset coach. He is also a public speaker, youth advocate and creative writer Design Your Destiny and Unleash Your Destiny. He can be reached via info@gloemi.com
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